Version 2026-10-03

Terms of Service

1. Acceptance and electronic records

By creating an account, continuing with Google, or using PROMACAN’s services, you agree to these Terms and the Privacy Notice. Creating a buyer or seller account is free. Before activating Promacan Direct, the seller can read, save and reproduce the complete Terms and must expressly accept the seller-service terms and payment. PROMACAN records the account, payment, Terms version, time, wording accepted and technical evidence of acceptance. One account may be used as a buyer, seller, or both.

Buyer terms

Registered buyers may save properties, contact sellers, request viewings and submit offers through PROMACAN. Buyers must provide accurate information, keep their account secure and use property communications only for genuine enquiries.

Listing information is supplied by sellers and remains subject to legal, technical and financial due diligence. Exact addresses and private documents remain protected. Identity, contact or source-of-funds information may be required before protected transaction features are enabled.

An online bid is non-binding unless the property-specific document expressly states otherwise. The seller may accept, reject or counter an offer. A property is not reserved until buyer and seller sign the applicable property deposit agreement (Spanish: contrato de arras) and comply with its payment terms. PROMACAN charges buyers no commission unless a separate paid service is expressly agreed in advance.

Harassment, impersonation, misleading information, unlawful content, scraping, misuse of personal information and attempts to bypass platform security are prohibited. PROMACAN may restrict an account or transaction where verification fails, fraud is suspected or these Terms are breached. A buyer may request reasons or challenge a decision through the contact page.

2. Non-exclusive seller instruction

By submitting a property, the seller authorises Promacan Corp, S.L. to advertise and market it; publish the approved description, characteristics, photographs and other media on PROMACAN and suitable property portals; receive enquiries and offers; communicate between the parties; and arrange reasonable viewings. Publication on third-party portals is subject to each portal’s rules, acceptance and continued availability and is not guaranteed for an unlimited period.

The seller controls the asking price and is not obliged to accept an offer merely because it equals that price. The seller must keep the price and material property information accurate, promptly notify PROMACAN of changes, and reasonably facilitate agreed viewings.

Once activated and approved, a listing may remain published without an ordinary expiry date or renewal fee until it is sold or withdrawn. PROMACAN may suspend or remove a listing where information becomes inaccurate or outdated, verification or legal requirements are not met, misuse or fraud is suspected, a third-party portal rejects or removes the advert, or continued publication is no longer reasonably available. Where practicable, PROMACAN will notify the seller and allow a reasonable opportunity to correct a remediable issue.

2A. Promacan Direct activation

Before creating a property draft or uploading property documents, the seller must activate a separate Promacan Direct package for that property by paying €990 plus 7% IGIC (€69.30), for a total activation payment of €1,059.30 per property. One verified seller account may manage several properties at the same time; each additional property requires its own package and maintains separate documents, services, communications, offers and transaction record. The seller’s verified identity, email address and telephone number may be reused across those properties. Payment may be made by card or bank transfer. Card activation occurs only after the payment provider confirms successful payment. Bank-transfer activation occurs only after PROMACAN confirms receipt of cleared funds.

Each property’s activation payment is not an additional commission. It is credited in full only against the final Promacan Direct fee for that same property described in section 4. Packages and credits cannot be transferred between properties. If the final fee is less than the activation payment, the credit is limited to the final fee and any refund is governed by mandatory law and the cancellation provisions below.

2B. Included viewings and optional services

Promacan Direct includes five door-opening viewings on weekdays between 09:00 and 17:00. An additional weekday door-opening viewing costs €75 plus IGIC.

The seller may also request professional photography for €295 plus IGIC, or professional photography with a floor plan for €395 plus IGIC. Availability, appointment timing and the precise deliverables are confirmed before the seller purchases the service.

Optional services must be assigned to a specific property and expressly approved and paid before they are booked, delivered or renewed. They are separate from that property’s €990 activation payment, are not credited against the final 2.5% fee and do not renew automatically. Once an optional service has been performed or irrevocably booked at the seller’s request, cancellation and refund rights are subject to mandatory law and the costs already incurred.

3. Ownership and authority

The seller confirms that they are the registered owner or are properly authorised to act for the owner. Where there is more than one registered owner, the seller confirms that every owner has consented and must provide the requested evidence. A representative must provide an appropriate Power of Attorney or other valid written authority. PROMACAN may keep a listing private, suspend it or refuse publication until identity, ownership and authority are verified.

4. Seller commission and registered PROMACAN buyers

A property deposit agreement (Spanish: contrato de arras) is a preliminary sale agreement between the buyer and seller that records the agreed purchase terms and deposit. Once it is signed, the property is reserved for that buyer, removed from active listings and closed to further bids. It remains unavailable until ownership transfers at completion, unless the agreement legally ends before completion.

The seller agrees to pay Promacan Corp, S.L. a success fee equal to 2.5% of the purchase price agreed in the signed property deposit agreement, plus IGIC, when the seller and a buyer registered on PROMACAN sign that agreement, provided that the buyer’s inquiry, direct contact with the seller, viewing, offer, negotiation or other material engagement concerning the property was made, initiated or recorded through promacan.com. The €990 activation amount plus its corresponding IGIC is deducted from that final fee.

The fee is fully earned and payable when the property deposit agreement is signed. Once earned, it remains payable and is non-refundable if the buyer, the seller or both parties subsequently withdraw, default, terminate the agreement or otherwise fail to complete the sale. If PROMACAN has already received the fee, PROMACAN is entitled to retain it. The rights and obligations between buyer and seller concerning the deposit remain governed by their property deposit agreement and do not affect PROMACAN’s earned fee.

A “PROMACAN-introduced buyer” means an identifiable registered buyer whose enquiry, viewing request, offer, message or other material engagement with that specific property was first made or recorded through PROMACAN. If the seller signs a property deposit agreement or completes a sale with a PROMACAN-introduced buyer, the fee remains payable even if the parties subsequently negotiate or complete privately, outside the platform, through another agent, or through a connected person or business. Communication alone does not trigger the fee.

The fee is not payable where no property deposit agreement or sale is concluded with a PROMACAN-introduced buyer, where PROMACAN materially breaches its seller-service obligations and that breach directly prevents the transaction, or to the extent payment is prohibited by mandatory law. PROMACAN charges no buyer fee unless a separate service is expressly agreed.

5. Withdrawal and introduced buyers

The seller may withdraw the listing before a property deposit agreement is signed without a withdrawal penalty. If, during the twelve months after withdrawal or expiry, the seller signs a property deposit agreement or completes a sale with an identifiable registered buyer whose contact or material engagement with this property was recorded by PROMACAN before withdrawal or expiry, the fee described in section 4 becomes payable. This protection does not apply to an unrecorded buyer or merely because the property was publicly advertised.

6. Payment and recovery of an unpaid fee

The seller must notify PROMACAN if a property deposit agreement covered by section 4 is signed, or if a sale covered by section 5 completes outside the platform, and must pay the applicable invoice by its stated due date. If a due commission remains unpaid after written demand, Promacan Corp, S.L. may pursue recovery through the competent courts, together with applicable statutory interest and any costs recoverable under Spanish law. Nothing in these Terms guarantees the outcome of legal proceedings; liability and recoverable amounts are determined under the agreement, the evidence and applicable law.

7. Offers and transactions

Buyers may submit offers and sellers may accept, reject or counter them through the platform. An online offer or response does not itself reserve the property or transfer ownership. Reservation begins when both parties sign the property deposit agreement. The buyer must ensure that the deposit stated in that agreement is received in the designated account within one working day after both parties have signed, unless the property-specific agreement states another deadline. The agreement, deed, payment arrangements and notarial completion remain subject to their own terms and required formalities.

When a seller electronically signs a property-specific bid acceptance, the seller agrees to respect the stated price, validity period and conditions while the parties prepare the property deposit agreement. If the seller repudiates that signed acceptance during its validity period without a stated condition or lawful justification, PROMACAN may claim its proven loss arising from the breach, including the applicable 2.5% + IGIC agency fee where legally recoverable. The success fee in section 4 is otherwise earned only when the property deposit agreement is signed or a protected sale is concluded.

8. Withdrawing a listing and the consumer cancellation right

The seller may remove the listing at any time before a property deposit agreement is signed, without a withdrawal penalty, by selecting Delete listing in the dashboard. The advert is removed from public view, but PROMACAN retains the property record, prior communications and recorded buyer engagements for administration, fraud prevention and enforcement of the twelve-month introduced-buyer protection period.

A consumer seller generally has 14 days from concluding the Promacan Direct service contract to withdraw. At activation, the seller may expressly request PROMACAN to begin providing the service during that period. If the seller withdraws after making that request, PROMACAN may retain or charge only the proportionate amount legally due for services supplied before withdrawal. If the service has been fully performed after the seller’s express request and acknowledgement, the cancellation right may be lost to the extent permitted by law. Mandatory consumer rights remain unaffected.

9. Verification and legal review

PROMACAN may check identity, ownership, authority and property records. Inheritances, company ownership, planning irregularities, occupants, foreign ownership, disputed charges, complex financing or other unusual risks may be referred for independent legal review.

10. Account and listing responsibilities

Users must provide accurate information, protect account access, use the platform lawfully and promptly correct material errors. The seller confirms that submitted media and information may lawfully be used for marketing. PROMACAN may restrict accounts, listings or transactions where verification fails, information is misleading, or misuse is suspected.

11. Changes and ending use

The current Terms are published on this page. Material changes will be communicated where required. A later version does not alter the evidence snapshot recorded for an earlier property submission. Users may stop using the service, but obligations already arising from completed activity and section 5 remain unaffected.

12. Applicable law, complaints and courts

These Terms are governed by Spanish law, without depriving a consumer of any mandatory protection applicable in their place of habitual residence. The parties should first try to resolve a complaint through the contact page. If it is not resolved, either party may use the courts determined by applicable law. A consumer may bring an individual claim before the courts of their domicile where the law permits; these Terms do not impose an exclusive court that would remove that right.

13. Contact

Questions about these Terms can be sent through the contact page.

Legal notice · Privacy Notice

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